Question 1

Can a DUI be expunged in Massachusetts?

Accepted Answer

Usually not expunged, but usually sealed. Massachusetts limits true expungement, which destroys the record, mainly to offenses committed before age 21, and OUI is among the offenses excluded from that time-based expungement. Sealing is the realistic remedy. A first or second offense OUI is a misdemeanor, so it can generally be sealed three years after the case ended or after release from custody, whichever is later, if there were no new convictions or incarceration in the meantime. A 24D disposition can be sealed as well. Sealing hides the case from most background checks, but it still counts as a prior for any future OUI and stays on your RMV driving record.

Question 2

Can I seal a case that was dismissed in Massachusetts?

Accepted Answer

Yes. Under M.G.L. c. 276, section 100C, a judge can seal a case that ended without a conviction, such as a dismissal, a not guilty finding, or a nolle prosequi, and there is no waiting period. You file a motion in the court where the case was heard, and the judge decides whether there is good cause, weighing the harm the record causes you against the public interest in keeping it available. Courts often grant these motions when the record is interfering with employment, housing, or licensing. A continuance without a finding that ended in dismissal can also be sealed. Because the motion involves a judge's discretion, a well-supported filing that explains the concrete harm makes a real difference.

Question 3

Do I need a lawyer to seal my record in Massachusetts?

Accepted Answer

Not always, but it often helps. Sealing an eligible conviction through the Commissioner of Probation is largely a paperwork process, but errors in calculating the waiting period or missing a disqualifying event can lead to a denial. Sealing a dismissed case in court requires a motion and sometimes a hearing where a judge weighs good cause, and a persuasive filing matters. Records with many entries, out-of-state cases, or a mix of convictions and dismissals are where mistakes are most common. A lawyer can review the full record, seal what qualifies now, and tell you when the rest will qualify. Rory Munns offers a free consultation to review your options.

Question 4

Does sealing an OUI remove it from my driving record?

Accepted Answer

No. Sealing affects your criminal record information, not your Registry of Motor Vehicles driving history. The RMV keeps OUI entries, including 24D dispositions, on your driving record, and Massachusetts counts them as prior offenses for life when deciding the offense level on any new OUI charge. Insurance companies may also see RMV information under their own rules. So while sealing can help with employment and housing background checks, it does not change how an old OUI affects future OUI sentencing or your license history. That is one reason the resolution of the original OUI case matters so much, and why a dismissal or acquittal is worth fighting for when the evidence supports it.

Question 5

How long do I have to wait to seal a record in Massachusetts?

Accepted Answer

Under M.G.L. c. 276, section 100A, a misdemeanor conviction can be sealed three years after the date of disposition or release from custody, whichever is later, and a felony conviction after seven years. Those waiting periods were shortened by the 2018 criminal justice reform law. During the waiting period you must have no new conviction in Massachusetts or anywhere else and no period of incarceration, or the clock is affected. Cases that ended without a conviction, such as dismissals and not guilty findings, do not have a waiting period and can be sealed by a judge. Certain offenses, including some firearms and sex offenses, cannot be sealed at all. A lawyer can check each entry on your record.

Question 6

What is the difference between sealing and expungement in Massachusetts?

Accepted Answer

Sealing hides a record; expungement destroys it. A sealed record is removed from most criminal offender record information checks, and you can generally answer that you have no record on job and housing applications. But police, courts, and certain employers and licensing agencies, such as those involving children or law enforcement, can still see it. Expungement removes the record so that it no longer exists for any purpose. Since 2018, expungement has been available mainly for offenses committed before age 21, with strict limits on the number and type of offenses, and for records that resulted from mistaken identity or fraud. For most adults, sealing is the tool that applies.

Question 7

Who can still see a sealed record in Massachusetts?

Accepted Answer

Law enforcement agencies and courts can see sealed records, which is why a sealed case can still surface if you are charged again. Certain employers and licensing bodies with special access can also see them, including agencies that screen people who work with children, the elderly, or people with disabilities, and some professional licensing boards. Most private employers, landlords, and the general public cannot. Private background check companies are a separate problem: if they copied your record before it was sealed, they may keep reporting it until you send proof of sealing. For OUI cases, the RMV keeps its own driving record, so a sealed OUI still appears there and still counts as a prior.

Question 8

Who qualifies for expungement in Massachusetts?

Accepted Answer

Mainly people whose offenses were committed before they turned 21. The 2018 law created time-based expungement for those cases, with limits: generally no more than one charge or one incident, a waiting period after the case ended, no disqualifying record since, and an offense that is not on the long excluded list. Excluded offenses include many serious crimes and OUI offenses. The law also allows expungement when a record exists because of mistaken identity, identity fraud, false witness claims, or certain other errors, and for some offenses that are no longer crimes. Expungement petitions go through the Commissioner of Probation and the court, and a judge may hold a hearing before deciding.

Massachusetts Expungement and Record Sealing